| (a) Each school district that has an enrollment of
20 or more students identified as emergent bilingual students in any
language classification in the same grade level district-wide shall
offer a bilingual education program as described in subsection (b)
of this section for the emergent bilingual students in prekindergarten
through the elementary grades with that language classification. "Elementary
grades" shall include at least prekindergarten through Grade 5; sixth
grade shall be included when clustered with elementary grades.
(b) A school district required to provide a bilingual
education program as described in subsection (a) of this section shall
offer dual-language instruction (English and primary language) in
prekindergarten through the elementary grades, using one of the four
bilingual program models described in §89.1210 of this title
(relating to Program Content and Design).
(c) All emergent bilingual students for whom a school
district is not required to offer a bilingual education program shall
be provided an English as a second language (ESL) program as described
in subsection (d) of this section, regardless of the students' grade
levels and primary language, and regardless of the number of such
students, except in cases where a district exercises the option described
in subsection (g) of this section.
(d) A school district required to provide an ESL program
as described in subsection (c) of this section shall provide an ESL
program using one of the two models described in §89.1210 of
this title.
(e) School districts may join with other school districts
to provide bilingual education or ESL programs.
(f) In addition to the required bilingual and/or ESL
programs, school districts are authorized to establish a bilingual
education program even if they have an enrollment of fewer than 20
students identified as emergent bilingual students in any language
classification in the same grade level district-wide and are not required
to do so under subsection (a) of this section. Under this authorization,
school districts shall adhere to all program requirements as described
in §§89.1210 of this title, 89.1227 of this title (relating
to Minimum Requirements for Dual Language Immersion Program Model),
89.1228 of this title (relating to Two-Way Dual Language Immersion
Program Model Implementation), and 89.1229 of this title (relating
to General Standards for Recognition of Dual Language Immersion Program
Models).
(g) In addition to the required bilingual and/or ESL
programs, school districts are authorized to establish a bilingual
education program at grade levels in which the bilingual education
program is not required under subsection (a) of this section. Under
this authorization, school districts shall adhere to all program requirements
as described in §§89.1210, 89.1227, 89.1228, and 89.1229
of this title.
|
| Source Note: The provisions of this §89.1205 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247 |
